Graciana Zevallos | Carlton Fields Recently, the Ohio Supreme Court held that an insured’s allegation that additional “hidden” damages were discovered after completion of a binding appraisal were insufficient to state a claim for mistake that would permit the appraisal award to be set aside. In One Church v. Brotherhood Mutual Insurance Co., the insured church… Continue reading Ohio Supreme Court Upholds Binding Appraisal Award, Rejects Insured’s Claim for Subsequently Discovered “Hidden” Damage
New Florida Law Adds Licensing Risk to Contractor/Subcontractor Payment Disputes
Brett J. Moritz and Ali Heyat | Peckar & Abramson Effective July 1, 2026, Florida’s newly enacted Section 489.1295 of the Florida Statutes, titled “Prohibition Against Nonpayment,” requires licensed contractors to timely compensate subcontractors and suppliers for labor, services, or materials. Enacted as part of Senate Bill 290 (Ch. 2026-3, Laws of Fla.), the statute… Continue reading New Florida Law Adds Licensing Risk to Contractor/Subcontractor Payment Disputes
Could California’s New Construction Claims Law Override Your Contract?
Kirsten Worley, Adam Witt, Jack Branscorme and Ben Codog | Ahead of Schedule Many owners and contractors assume that their construction contract controls how claims and disputes will be handled. After all, substantial time is often spent negotiating notice provisions, mediation requirements, dispute resolution procedures, and payment terms. Beginning with many private construction contracts entered… Continue reading Could California’s New Construction Claims Law Override Your Contract?
Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
Jeffrey Haber | Freiberger Haber In Gamma USA, Inc. v. Pavarini McGovern, LLC, 2026 N.Y. Slip Op. 05237 (1st Dept. September 10, 2026), the Appellate Division, First Department, addressed the interplay between pass-through claims, liquidating agreements, liquidated damages provisions, and consequential damages waivers in complex construction disputes. The Court held that a subcontractor could not… Continue reading Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
Mechanics’ Liens In Tennessee: Common Mistakes That Can Jeopardize Lien Rights
Anny Murphy | Stites & Harbison When a construction project goes sideways, a mechanic’s lien can be one of the most powerful tools available to secure payment. Tennessee law provides contractors, subcontractors, suppliers, and other project participants with lien rights, but those rights must be carefully preserved. Tennessee’s statutes establish detailed requirements governing perfection, enforcement,… Continue reading Mechanics’ Liens In Tennessee: Common Mistakes That Can Jeopardize Lien Rights